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ESSEX INS. v. INTEGRATED DRAINAGE

No. 2D12-3146.

124 So.3d 947 (2013)

ESSEX INSURANCE CO., Appellant, v. INTEGRATED DRAINAGE SOLUTIONS, INC., a Florida profit corporation; Verizon Communications, Inc., a foreign corporation; Verizon Services Corp., a foreign corporation; Verizon Florida, LLC, a Florida limited liability corporation; Mastec, Inc., a Florida profit corporation; Mastec North America, Inc., a Florida profit corporation; and Erica Wiggins, as Personal Representative of the Estate of Diane Yeager-Lombard, Deceased, Appellees.

District Court of Appeal of Florida, Second District.

October 4, 2013.

Attorney(s) appearing for the Case

Robert Alden Swift of Cole, Scott, & Kissane, P.A., Orlando, for Appellant.

Mark A. Boyle , Geoffrey H. Gentile , Michael W. Leonard , Debbie Sines Crockett , and Amanda K. Anderson of Boyle, Gentile, Leonard & Crockett, P.A., for Appellees.

Verizon Communications, Inc., Verizon Services Corp., Verizon Florida, LLC, Mastec, Inc., and Mastec North America, Inc.

No appearance for Appellees Integrated Drainage Solutions, Inc., and Erica Wiggins as Personal Representative of the Estate of Diane Yeager-Lombard, Deceased.

NORTHCUTT, Judge.

Essex Insurance Company filed an action seeking a declaration that it was not obligated to defend or indemnify the defendants in a wrongful death suit. The circuit court entered a final summary judgment ruling that Essex was contractually bound to defend and to indemnify them. We reverse the summary judgment and remand for additional proceedings consistent with this opinion.

The wrongful death action was brought by Erica Wiggins, the personal...

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